Oregon Appellate Ct - Feb 23, 2017

by: Sara Werboff • February 27, 2017 • no comments

Per Curiam - Defendant's Two Unlawful Delivery Guilty Verdicts Should Merge

The court concludes that the trial court plainly erred when it failed to merge the guilty verdicts for unlawful delivery of cocaine within 1,000 feet of a school and unlawful delivery of cocaine.

State v. Abraham, 283 Or App 903 (2017) (per curiam)

Per Curiam - Reversing Attorney Fees

The court reverses the attorney fee award because the trial court did not announce it was imposing attorney fees at sentencing and defendant had no practical opportunity to object.

State v. Terhune, 283 Or App 905 (2017) (per curiam)

Per Curiam - Juvenile Dependency Appeal Dismissed as Moot

The court dismisses this juvenile dependency appeal as moot because the juvenile court dismissed jurisdiction over mother's child.

DHS v. A.B., 283 Or App 907 (2017) (per curiam)

Per Curiam - Rejecting Challenge to Auto Exception Search

In light of State v. Bliss, decided today, the court rejects an identical argument made by defendant that police could not rely on automobile exception after stopping defendant for a traffic violation.

State v. Kline, 283 Or App 909 (2017) (per curiam)

Per Curiam - Court Grants Reconsider to Correct Citation Error

The court grants reconsideration to correct an error in its original opinion. The court mistakenly stated that ORS 419B.815(8) precluded mother from arguing that her counsel was ineffective in a termination proceeding because she failed to appear at that hearing, when really the identically-worded ORS 419B.819(8) applies in termination proceedings.

DHS v. M.L.B., 283 Or App 911 (2017) (per curiam)